Expert: Derek Hamilton - 6/7/2010

Question
QUESTION: We bought our farm (80 acres) in 2006. A few months ago we began to suspect that our neighbors built a few outbuildings on our property so we had a building location survey done at our expense. It turns out that in 2004 or 2005 they built their entire house, deck, well, driveway as well as several other buildings are on our property. Neither property had ever had a survey done before other than the original township survey done in 1882. These neighbors are not the kind that we can talk to and make a peaceful agreement with. What would be our legal rights? Can we evict them, charge them rent? We did get title Insurance, but we have yet to hear from them as to what we do now and are not sure they will act in our best interest.

ANSWER: Hi Terry,
Do your neighbours know about this?
This is not a good situation. You need to speak with a Real Estate lawyer and make sure you have an up to Date Survey. Your lawyer should be able to advise you on this. It's not likely that your neighbours will take down the buildings but maybe buy the land from you and have a new survey done?

Derek


---------- FOLLOW-UP ----------

QUESTION: Hi Derek,
Thanks for the quick response. No, the neighbors do not know about this as of yet. We are looking into getting a lawyer, but I was hoping to have a bit of information to go on in the meantime.

Answer
Hi again,
Most Buyers arrange for a Survey when they buy Real Estate and if a neighbour's fence or a shed is on your property you can have them remove it. It's not their land to build on.
You are talking about a house here. Yes, talk to a Lawyer and good luck !

Derek